Sequoyah County Sheriff Ron Lockhart said the shooting occurred about 5:11 p.m. at a home five miles east of Sallisaw near Highway 64.

Officials said dispatchers were talking with a 911 caller about the incident when a gunshot was heard in the background.

Deputies said that when they arrived at the scene, they found 37-year-old Scott Fueston lying in a garage at the home with a gunshot to his upper torso from a rifle.

Fueston was taken to Sequoyah Memorial Hospital where he died around 6 p.m.

Sequoyah County Sheriff Ron Lockhart said they have interviewed the suspect, who was the brother of the victim, Scott Fueston. The suspect told deputies he was scared of his brother and hid in the garage with a rifle, Lockhart said.

The suspect said Fueston refused to leave and kicked in the garage door where he was hiding. The suspect fired a shot and hit Fueston in the chest, Lockhart said.

Lockhart said there was not enough "probable cause at this time to make an arrest." The case will be submitted to the District Attorney.

Reporters with 40/29tv spoke with Fueston's family Tuesday night.

Family members said Fueston was fighting with one of his brothers when the shooting happened.

"(We're) just a little nerve wrecked -- overwhelmed. Wish I could say it ended a bit better than what it did. Other than I love them and I'm sorry that it turned out the way that it did," family member Hillary Pastore said.

Pastore said she was in her bedroom when the two started feuding.

"We came out and heard Scott yell, slam a door and I went to see what was happening and I saw him in the garage and they were fighting with each other and next thing you know that's what happened. It just got out of control really fast," Pastore said.

Lockhart said a family member called 911.

"The dispatcher was listening in and talking with the caller and overheard a gunshot. A short time later, just a few minutes later deputies arrived and found a male subject laying inside the garage door with a gunshot wound to the upper torso," Lockhart said.

The family said the two brothers fought and argued before.

"My older brother really feared for his life. Seriously, because Scott's the kind of guy that will make you fear for your life. He (Gary) acted in self-defense. I mean he was trying to save himself and the rest of my family and it turned out tragically. I mean, it is what it is, what can we do," brother Mike Phillips said.